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The Quebec National Assembly has now completed its
clause-by-clause consideration of Bill 96. While amendments are
still possible as the Bill moves through the final stages of the
legislative process, it is now near final form and is expected to
be adopted soon.
On May 13, 2021, the Government of Québec introduced Bill
96 – An Act respecting French, the official and common
language of Québec (the “Bill 96”) -
which aims to promote the French language and reinforce the
recognition of the French language as the only official language in
Québec. Bill 96 will affect in particular employers,
businesses and judicial proceedings.
The following is an overview of the proposed amendments of Bill
96 and its impacts on businesses:
- Bill 96 requires that the following documents
be drafted in French; memberships contracts,
contracts containing standard clauses and related documents. For
example, the parties will no longer be able to use the clause
whereby the parties agree that only a version in another language
will be drafted and signed since companies will be required to
provide a French version of the documents before one of the parties
expresses its desire to be bound by a version drafted in another
language. - Contracts with the Government (including its departments,
government agencies, municipal agencies and school boards as well
as health services and social services) will have to
be drafted exclusively in French, with few
exceptions. - Documents sent to government agencies to obtain a permit,
authorization, subsidy or financial assistance must
be drafted exclusively in French. - Any application for registration of a movable security in
Québec must be drafted in French.
The following is an overview of the amendments proposed by Bill
96 and its impacts on the justice and legislation:
- A certified French translation must come
with every pleading of a legal person drawn up in English. The cost
of translation shall be assumed by the legal person. - A French version must come with any judgment
rendered in English by a court without delay
when it terminates a proceeding and is of interest to the
public. - Any person may request that a judgment rendered in English
be translated into French. When a judgment is
rendered in French, the English translation will be made at the
request of one of the parties. - The foregoing also applies, with the necessary modifications,
to decisions rendered in the exercise of an adjudicative function
by a governmental body.
Bill 96 also imposes obligations on employers, including:
- Any employment, transfer or promotion offer issued by an
employer must be in French. - Individual contracts of employment must be drawn up in
French. - French shall be used in the written
communications of the employer to his employees or a
particular employee. - Documents made available by the employer must be drawn
up in French and if they are available in another
language, their French version must be accessible under at least as
favorable conditions. These documents include, among other things:
application forms, documents relating to the conditions of
employment; training materials produced for staff. - Collective agreements that are not drafted in French must
be available in that language upon their
conclusion. - Any arbitration award made in English must be
accompanied without delay by its certified French
version.
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